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Monday, April 19, 2010

The Smith Act

The Alien Registration Act or Smith Act (18 U.S.C. § 2385) of 1940 is a United States federal statute that makes it a criminal offense for

“ Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof - Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. ”
It also required all non-citizen adult residents to register with the government; within four months, 4,741,971 aliens had registered under the Act's provisions.

The Act is best known for its use against political organizations and figures. Prosecutions continued until a series of United States Supreme Court decisions in 1957 threw out numerous convictions under the Smith Act as unconstitutional. The statute remains on the books, however.

The Act was proposed by Congressman Howard W. Smith of Virginia, a Democrat and a leader of the "anti-labor" bloc of Congressmen.[1] It was signed into law by President Franklin D. Roosevelt.
Seems to Me that their are a lot of Wingers that fall under this Act. The first one that should be brought up on charges is Michele Bachmann. Her hate speech and insightful rhetoric will, I guaranty get someone killed. Make an example of Her and I think this lunacy will be subdued. After all they can't get their Medicare in Prison. In talking with a fellow blogger, he was concerned over prosecuting people. His thought was you have to wait until someone actually does the crime or in of itself it might be incendiary. My reasoning on this is the following; You know of someone who say hates cops. He's threatening if ever a cop stops him he'll blow his brains out. You also know this in not just a one time rant but it seems an obsession. A cop stops him for a traffic infraction and he kills the Cop. Seems to me you could have stopped it and you might even be charged as an accessory. This is why we can't ignore the seditious behavior of the fringe. Stop it before it happens!

4 comments:

jmsjoin said...

Knowing that Tim is why I refuse to believe this has been allowed to go as far as it has. Boehner, Cantor, McConnell, and some of the others have wormed around it but Bahcmann has not and should at the very least be jailed!

Tim said...

Bingo Jim
Something will happen and we'll all be saying..we should have done something...
Thanks

Ranch Chimp said...

I sure as Hell knew nothing of any of this ... so thanx for the piece as a reference to look into.

Tim said...

RC
I have way to much time on my hands.
Later
Tim